HF 2993

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; protecting the public by allowing 
  1.3             disclosure of certain information about offenders who 
  1.4             are out of compliance with the predatory offender 
  1.5             registration law; amending Minnesota Statutes 1998, 
  1.6             section 243.166, subdivision 7, and by adding a 
  1.7             subdivision; Minnesota Statutes 1999 Supplement, 
  1.8             section 243.166, subdivisions 2 and 4. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.11  243.166, subdivision 2, is amended to read: 
  1.12     Subd. 2.  [NOTICE.] When a person who is required to 
  1.13  register under subdivision 1, paragraph (a), is sentenced or 
  1.14  becomes subject to a juvenile court disposition order, the court 
  1.15  shall tell the person of the duty to register under this section 
  1.16  and that, if the person fails to comply with the registration 
  1.17  requirements, information about the offender may be made 
  1.18  available to the public through electronic, computerized, or 
  1.19  other accessible means.  The court may not modify the person's 
  1.20  duty to register in the pronounced sentence or disposition 
  1.21  order.  The court shall require the person to read and sign a 
  1.22  form stating that the duty of the person to register under this 
  1.23  section has been explained.  The court shall forward the signed 
  1.24  sex offender registration form, the complaint, and sentencing 
  1.25  documents to the bureau of criminal apprehension.  If a person 
  1.26  required to register under subdivision 1, paragraph (a), was not 
  1.27  notified by the court of the registration requirement at the 
  2.1   time of sentencing or disposition, the assigned corrections 
  2.2   agent shall notify the person of the requirements of this 
  2.3   section.  When a person who is required to register under 
  2.4   subdivision 1, paragraph (c) or (d), is released from 
  2.5   commitment, the treatment facility shall notify the person of 
  2.6   the requirements of this section.  The treatment facility shall 
  2.7   also obtain the registration information required under this 
  2.8   section and forward it to the bureau of criminal apprehension. 
  2.9      Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  2.10  243.166, subdivision 4, is amended to read: 
  2.11     Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
  2.12  provided to the corrections agent or law enforcement authority, 
  2.13  must consist of a statement in writing signed by the person, 
  2.14  giving information required by the bureau of criminal 
  2.15  apprehension, a fingerprint card, and photograph of the person 
  2.16  taken at the time of the person's release from incarceration or, 
  2.17  if the person was not incarcerated, at the time the person 
  2.18  initially registered under this section.  Registration 
  2.19  information on adults and juveniles may be maintained together 
  2.20  notwithstanding section 260B.171, subdivision 3.  
  2.21     (b) Within three days, the corrections agent or law 
  2.22  enforcement authority shall forward the statement, fingerprint 
  2.23  card, and photograph to the bureau of criminal apprehension.  
  2.24  The bureau shall ascertain whether the person has registered 
  2.25  with the law enforcement authority where the person resides.  If 
  2.26  the person has not registered with the law enforcement 
  2.27  authority, the bureau shall send one copy to that authority.  
  2.28     (c) During the period a person is required to register 
  2.29  under this section, the following shall apply: 
  2.30     (1) Each year, within 30 days of the anniversary date of 
  2.31  the person's initial registration, the bureau of criminal 
  2.32  apprehension shall mail a verification form to the last reported 
  2.33  address of the person.  This verification form shall provide 
  2.34  notice to the offender that, if the offender does not return the 
  2.35  verification form as required, information about the offender 
  2.36  may be made available to the public through electronic, 
  3.1   computerized, or other accessible means. 
  3.2      (2) The person shall mail the signed verification form back 
  3.3   to the bureau of criminal apprehension within ten days after 
  3.4   receipt of the form, stating on the form the current and last 
  3.5   address of the person. 
  3.6      (3) If the person fails to mail the completed and signed 
  3.7   verification form to the bureau of criminal apprehension within 
  3.8   ten days after receipt of the form, the person shall be in 
  3.9   violation of this section. 
  3.10     Sec. 3.  Minnesota Statutes 1998, section 243.166, 
  3.11  subdivision 7, is amended to read: 
  3.12     Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
  3.13  provided in subdivision 7a or section 244.052, the information 
  3.14  provided under this section is private data on individuals under 
  3.15  section 13.01, subdivision 12.  The information may be used only 
  3.16  for law enforcement purposes.  
  3.17     Sec. 4.  Minnesota Statutes 1998, section 243.166, is 
  3.18  amended by adding a subdivision to read: 
  3.19     Subd. 7a.  [AVAILABILITY OF INFORMATION ON OFFENDERS WHO 
  3.20  ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The bureau of 
  3.21  criminal apprehension may make information available to the 
  3.22  public about offenders who are out of compliance with this 
  3.23  section.  This information may be made available to the public 
  3.24  through electronic, computerized, or other accessible means.  
  3.25  The amount and type of information made available shall be 
  3.26  limited to the information necessary for the public to assist 
  3.27  law enforcement in locating the offender. 
  3.28     (b) Before making information available to the public under 
  3.29  paragraph (a), the bureau of criminal apprehension shall send a 
  3.30  notice to an offender who is out of compliance with the law that 
  3.31  information about the offender may be made public unless the 
  3.32  offender complies with this section within ten days of the 
  3.33  notice's postmark date.  If the offender comes into compliance 
  3.34  with this section within this time period, information about the 
  3.35  offender shall not be made public, but the offender remains 
  3.36  subject to the criminal penalties provided in subdivision 5. 
  4.1      (c) An offender who comes into compliance with this section 
  4.2   after the bureau of criminal apprehension discloses information 
  4.3   about the offender to the public may send a written request to 
  4.4   the bureau requesting the bureau to treat information about the 
  4.5   offender as private data, consistent with subdivision 7.  The 
  4.6   bureau shall review the request and promptly take reasonable 
  4.7   action to treat the data as private, if appropriate, or promptly 
  4.8   notify the offender that the information will continue to be 
  4.9   treated as public information and the reasons for the bureau's 
  4.10  decision. 
  4.11     (d) If an offender believes the information made public 
  4.12  about the offender is inaccurate or incomplete, the offender may 
  4.13  request the bureau of criminal apprehension to correct the 
  4.14  information.  If the bureau finds the information is inaccurate 
  4.15  or incomplete, the bureau shall correct or supplement the 
  4.16  information. 
  4.17     Sec. 5.  [EFFECTIVE DATE.] 
  4.18     Sections 1 to 4 are effective August 1, 2000, and apply to 
  4.19  offenders who are out of compliance with Minnesota Statutes, 
  4.20  section 243.166, on or after that date.